Ravi Kumar Arya v. State & ORS.

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 347/2020 RAVI KUMAR ARYA ..... Petitioner Through Mr.Vijay Kinger, Advocate.

versus STATE & ORS.

..... Respondents Through Mr.Rahul Mehra, standing counsel (Crl.) for the State with Mr.Chaitanya Gosain and Mr.Divyank Tyagi, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 05.02.2020 Crl.M.A.No.2585/2020 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(CRL) 347/2020 Present writ of Habeas Corpus has been filed by the Petitioner-father seeking directions to respondent nos.1 and 2 to produce respondent no.3-son and respondent no.4-daugher before this Court.

A perusal of the file reveals that the respondent no.2-wife had filed a prior suit against the petitioner in United States of America.

However, neither the pleadings or date of the suit nor the orders passed in the said proceeding have been placed on record. In the present petition, it has also been admitted that the petitioner has filed proceedings before the Guardianship Court as well as the Principal Family Court. But once again, neither the petition nor the orders passed in the said matters have been placed on record. Further, a perusal of the pleadings reveal that the primary grievance of the petitioner is that he is being denied custody of his minor children.

Keeping in view the aforesaid prior proceedings as well as their non-disclosure in complete terms and the fact that respondent no.2-wife had left her matrimonial home along with the two minor children as far back as 10th August, 2016, this Court is of the view that it would neither be fair nor appropriate to entertain the present writ petition.

Accordingly, the present criminal writ petition stands dismissed.

MANMOHAN, J SANGITA DHINGRA SEHGAL, J FEBRUARY 05, 2020 KA